Sell your China property in Beijing: your marital status matters

Maybe it is really time to sell your China properties, either in Shanghai, Beijing or Shenzhen, these first-tiered cities in China.

Despite the fact that China applies its uniform sets of laws throughout the country as a centralized political system, it is not uncommon to find out that different places may have different interpretations of the same piece…

The Tenure Issue of Land Use Right in China: what if it expires?

Most of you don't really care about this as it has nothing to do with you, unless you have a property in China. By a property, I mean mainly apartments, houses, residential or commercial.

A  piece of news from Wenzhou, a economic hub of Zhejiang province, an eastern China province, has sort waken up Chinese people who have been intentionally or inadvertently…

Here it comes again: China property market to collapse

China's economy is having a rough ride at the moment and it's only get to get worse.

China's economy grew at its slowest rate in 24 years in 2014, just 7.4%. Its stock market has fallen around 40% since hitting multi-year highs in mid-June. And the government is burning through cash reserves to prop it up. China's debt is also twice the size of its GDP.

Now it looks

Property Title dispute in China: should I take the action to quiet title?

As a relatively young country with the concept of rule of law, China has a long way to go before building itself into a ripe rule of law state. In the fundamental field of property laws, there are too many controversies over many legal issues that may well vex a smart mind.

A young colleague in our firm discussed his case with me. It is an interesting situation: a piece…

Pre-contract agreement in property deals in China

Deals of selling or buying properties in China involve similar procedures under China property laws. A typical deal often starts from the execution of three-party deposit agreement under which realtor, buyer and seller agree on certain terms of the deal. Under this three-party agreement, the buyer often pays a certain money as deposit (for understanding…

China real estate market:how firm the hell it is?

I cannot help asking this question.

I have been bearish about China property market for long after the fanatic price hike in 2009, but it seems that I am always on the wrong side. But recent development and the common atmosphere felt turn me a bear again. Just now, a piece of news that Younger group (domestic giant garment/suit manufacturer) published an announcement …

FAQs on buying property in Shanghai, China

[NOTE, this is an old article written by Jason Tian back in 2009 based on his experience in helping foreigners in Shanghai purchase their homes here. Unfortunately, this article has been plagiarized by some other Chinese lawyers in Shanghai.Here this article is updated pursuant to new development after 2009. Please also take note that I am not encouraging

China to enforce the 20% individual income tax rate on property sale

Apparently China central government is seeing a clear uprise of property prices throughout the country.

Just today, China state council issued a new notice ordering its subordinate governments to implement seriously the existing policies that are aimed to rein in the property market, and meanwhile, stepping up a new measure of cooling policy, namely, enforcing…

Be a bit adventurous when making investment in China

For any foreign investors initially making foreign direct investment in China, it must be a real adventure and challenge as China is a country with unique history, culture that are alien to any newcomers from outside of China.

As always till now, we as legal advisors for foreign clients, esp, those relatively big companies with serious commitment to Chinese…

Is the confiscation of Shenzhen Kingglory Plaza legal under Chinese laws?

I have been waiting for more details regarding the confiscation of Shenzhen Kingglory Plaza to be disclosed or leaked. But the Shenzhen government seems determined not to tell more than what the media has reported.

As a real estate lawyer that has been focusing on Chinese real estate law practice for long, I was indeed shocked to hear the news about confiscation…

China real estate investment:buy cultural and historical houses

I ran across a piece of news on telling a story of a couple from Singapore purchasing a historical house in Shaoxing City, Zhejiang Province, China, that is adjacent to the "Baicao Garden" depicted in the literature by the famous historic writer, Lu Xun.

The house was built a century ago by a noble family whose line of descendants runs to today. The…

Sell China property, but not just about sale

I am representing two clients in selling their properties in Shanghai, China. It seemed that people are losing confidence in China property market, a sign that the growth of Chinese economy in a whole is slowing down to a lackluster rate.

Foreigners may be more worried about their holding of properties in China as they are often alarmed by western media about …

Shanghai property market revived?

I don't have any supportative data for property market revival in Shanghai.

The day before yesterday, I went to Shanghai Pudong real estate transaction centre, and what I saw really surprised me.  There are so many people buzzing in the hall, and you have to admit that people are coming back into the market again. When the volume of deals increases, the price

bona fide principle in Chinese laws

In a leasing/occupancy dispute where I represent the owners (a couple whose names are both registered on the title deed of the property) of an apartment in Shanghai, trying to take back the apartment which had been leased out to a foreigner "tanant" by the owners' friend who was once entrusted with the keys of the apartment.

In response to my initial attorney letter…

my experiences of serving foreign clients as a Chinese lawyer in Shanghai

Getting engaged in foreign-related legal services for years here in Shanghai, I have found it an interesting topic to discuss how to get connected, and build good chemistry with foreign clients. In a word, never an easy job!

Based on my personal observation, the biggest insurmountable obstacle between foreign or expat clients and Chinese lawyers is the…

landlord failed to fix problems, can I withhold rent?

Expats living in China very often get frustrated with their Chinese landlords. A tipical situation is where the landlord fail to fix problems of the apartment/house, for example, air-conditioning breaking down, no hot water etc..

I got a help call this morning from a foreigner living in Shanghai, accusing his landlord of failing to fix some problems in the …

Land Regulation Framework in China

1. types of land
According to the Land Law of the People’s Republic of China, effective as from January 1, 1999 (the “1999 Land Law”), land in China is basically categorized into three kinds, namely, agricultural land, construction land and unutilized land. The agriculture land refers to those directly used for agricultural production,…